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HomeMy WebLinkAboutJanuary 6, 2005 PLANNING COMMISSION OF THE CITY OF BAKERSFIELD MINUTES OF JANUARY 6, 2005 - 5:30 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue 1. ROLL CALL Present: Commissioners Gay, Tragish, Blockley, Ellison, Lomas, Spencer, Tkac Absent: None Advisory Members: Robert Sherfy, Stanley Grady, Jim Holladay, Phil Burns Staff: Jim Movius, Marc Gauthier, Pam Townsend 2. PLEDGE OF ALLEGIANCE: 3. PUBLIC STATEMENTS Bill Sampson, Castle & Cooke, stated he would hold his comments until the item came up at the regular time. 4. CONSENT CALENDAR: 4.1 Non-Public Hearing Items - None 4.2 Public Hearing Items 4.2a Approval of Extension of Time for Vesting Tentative Parcel Map 10522 (McIntosh &Associates) (Ward 4) 4.2b Approval of Vesting Tentative Tract 6368 (Porter-Robertson) (Ward 6) 4.2c Approval of Vesting Tentative Tract 6369 (Porter-Robertson) (Ward 4) 4.2d Approval of Zone Change No. 04-1430 (Marino and Associates) (Ward 4) 4.2e Zone Change No. 04-1473 (Michael Dhanens) (Ward 3) Public portion of the hearing opened. No one spoke either for or against the projects. Public portion of the hearing closed. Commissioner Gay said he would abstain from voting on item 4.2d. Commissioner Tragish said he would abstain from voting on items 4.2b and 4.2c. There were no other Commission comments. Motion made by Commissioner Blockley, seconded by Commissioner Spencer, to approve the public hearing portion of the Consent Calendar. Motion carried by group vote. Group Vote Minutes, PC, January 6, 2005 Page 2 5. PUBLIC HEARING — Receive comments on the Draft Environmental Impact Report for the Gosford-Panama Annexation GPA/ZC No. 04-0057. (QUAD Knopf) (Draft EIR) (Ward 5 & 6) Public hearing opened. Bruce Grove, representing QUAD Knopf, gave a presentation regarding the contents of the Draft EIR. Bill Sampson, representing Castle & Cooke, stated they do not have any issues with the project, but they do feel the EIR is inadequate. There are many areas of the EIR that either have not been studied or have not been properly presented. Since the EIR preparation, there has been a ruling from the 5th District Court of Appeals in Fresno in the middle of December which changes the rules of the EIR. It is now case law. They feel that all EIRs in the city need to comply with the new definitions as spelled out by the court as it relates to what needs to be in EIRs. He then presented a letter to the Commission which specifically points out many of the items that they feel are inadequately presented or studied in the EIR for this project. Commissioner Tragish asked if staff will make comments regarding the adequacy of the EIR to make sure they are in compliance with state law? Mr. Grady said yes. There were no more comments. Public hearing closed. Commissioner Gay asked if it was typical that the Commission not receive advance copies of the EIR? Mr. Grady said it is not typical. The EIRs were inadvertently not passed out at the last meeting. The Commission may respond in writing. Commissioner Gay commented that he did not see that the surrounding area is identified as to use and zoning. Mr. Grady said he believes the area is properly identified but staff can provide a response to that question. Commissioner Gay asked if they would be getting an overview of the impact of retail in that area? Mr. Grady said they are not looking for general questions but a statement that there is something lacking in the document. That would point staff in the direction the Commission would like to go. Commissioner Ellison said he did not receive a copy of the draft EIR either but he would go through it and submit his comments in writing. Mr. Grady said the Commission has three weeks to review the document and to respond. Commissioner Tragish asked where in the EIR does it address the issue of putting 588,000 square foot of retail in close proximity to an existing shopping center at Gosford and Harris? Mr. Grady said they are trying to get comments that would lead them to evaluate the document to address an issue of concern that is raised. Commissioner Tragish said it is a concern of his that they are putting this much retail in this area and to the ramifications as to an existing regional retail and its impact to the area in total concerning the potential for urban decay and blight. He would like to see some treatment of that in the Final EIR. Commissioner Tragish asked if they will address the regionial buildout in the area? Mr. Grady said the issue will be evaluated and that the determination as to how extensive that would have to be would be based on what's discovered once the issue is evaluated. You have to define the issue and then use your judgment to see how extensive the evaluation should be. Minutes, PC, January 6, 2005 Page 3 Commissioner Tragish asked if the Commission could be made aware of any of the specifics of the court's decision tonight or if that is something they will see in the Final EIR in compliance with that ruling? Mr. Grady said that as a member of the public he can get a copy of it and read it but the process of determining what we are going to do with it, in response to the court case, is something the City Attorney and Planning staff is looking in to. The interpretation of our response will be reflected in how we approach this and all EIRs. It has not been fully digested at staff level. Commissioner Gay asked that when an applicant requests deletion or downgrading a collector to a local street, if it is a precursor to eliminating a street? Mr. Grady said it could be. Commissioner Gay asked if staff will respond in the Final EIR their thoughts as to whether or not it should be deleted. Mr. Grady said if Mr. Gay is interested in not having the road downgraded, that we can make sure that we provide him with adequate information that will help him to make a determination as whether or not that is a good decision to be made. Commissioner Tragish said he hopes the Final EIR will discuss the impact of putting this project in its current location regarding traffic, air quality and access. Mr. Grady asked if the Commission would be more comfortable if they have more time to make their comments on the EIR? Commissioner Tragish said he would like 30 days. Mr. Grady said that they will have an extra week— until February 7. 6. Vesting Tentative Tracts 6.1 Vesting Tentative Tract 6368 (Porter-Robertson) (Ward 6) See Consent Agenda 6.2 Vesting Tentative Tract 6369 (Porter-Robertson) (Ward 4) See Consent Agenda 7. PUBLIC HEARINGS —Zone Changes 7.1 Zone Change No. 04-1430 (Marino and Associates) (Ward 4) See Consent Agenda 7.2 Zone Change No. 04-1473 (Michael Dhanens) (Ward 3) See Consent Agenda 8. COMMUNICATIONS: Mr. Grady announced that Jim Movius will be taking over on Monday as the new Planning Director. Minutes, PC, January 6, 2005 Page 4 9. (COMMISSION COMMENTS: Commissioner Gay wished Mr. Grady good luck. Commissioner Tragish also congratulated Mr. Grady on his promotion. 10. ADJOURNMEMT: There being no further business to come before the Commission, the meeting was adjourned at 6:09 p.m. Pam Townsend, Recording Secretary STANLEY GRADY, Secretary Development Services Director February 7, 2005